Defence Act 1954

240B

F336 [ Court-martial rules.

240B. (1) The Committee may, with the concurrence of the Minister, make court-martial rules for the purpose of regulating the pleading, practice and procedure generally in all proceedings before courts-martial under this Part of this Act, including rules in relation to all or any of the matters set out in the Twelfth Schedule to this Act.

F337 [ (1A) Without prejudice to the generality of subsection (1), court-martial rules made under this section may, in relation to the functions of a military judge provided for in those rules, include provisions required for the performance of the functions of a military judge by a Circuit Judge who, pursuant to section 184LA, is temporarily designated to perform such functions under section 11A of the Act of 1947. ]

(2) Court-martial rules shall be deemed to be a statutory instrument to which the Statutory Instruments Act 1947 primarily applies. ]

Annotations:

Amendments:

F336

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 71(1), S.I. No. 254 of 2008.

F337

Inserted (9.11.2011) by Defence (Amendment) Act 2011 (17/2011), s. 10, S.I. No. 568 of 2011.

Editorial Notes:

E98

Power pursuant to section exercised (12.11.2011) by Court-Martial Rules 2011 (S.I. No. 580 of 2011).

E99

Power pursuant to section exercised (23.07.2009) by Court-Martial Rules 2009 (S.I. No. 273 of 2009).

E100

Power pursuant to section exercised (1.09.2008) by Court-Martial Rules 2008 (S.I. No. 205 of 2008).